Spinoccia (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Visitor (Class FA) visa, subclass 600 (Tourist stream). The applicant, born in 1936, had been in Australia since November 2016, having arrived with her daughter. The core dispute revolved around whether the applicant met the requirements of clause 600.215 of the Migration Regulations, which stipulates that a person in Australia for more than 12 consecutive months requires exceptional circumstances to be granted a further visitor visa.

The Tribunal was required to determine if exceptional circumstances existed in relation to the applicant's request for a further temporary visitor visa. This involved assessing the applicant's stated reasons for wishing to remain in Australia, including her fragile health and desire to spend time with her daughter, against the regulatory requirement for exceptional circumstances when an applicant has been in Australia for over 12 months. The Tribunal also considered the applicant's assertion that her sons in Italy were not interested in her living with them and did not care for her, and her statement that her intention in coming to Australia was to remain with her daughter until death.

In its reasoning, the Tribunal found that the applicant had not demonstrated exceptional circumstances as required by clause 600.215. While acknowledging the applicant's age and stated desire to remain with her daughter, the Tribunal noted that the applicant's daughter and son-in-law appeared settled in Australia, and the applicant had other family members in Italy. The Tribunal also addressed the applicant's request for a referral to the Minister for Ministerial Intervention under section 351 of the Migration Act 1958, but respectfully declined to make such a referral, noting that the applicant was free to approach the Minister directly. Consequently, the Tribunal affirmed the decision not to grant the visa.